If You Want to Gift a Gun, You Need to Understand the Law

Image Courtesy NSSF. This story is based on an NSSF Article.

‘Tis the season of gift-giving (Christmas Day is just a week away). Perhaps you’re considering giving a a first rifle to your grandson or perhaps a carry pistol to a spouse. When making a gun gift to a friend or family member, however, there are some very important legal considerations. Also the rules on firearms gift transfers vary from state to state. Bottom line here — you need to know the law BEFORE you deliver that shiny new firearm to a family member, close friend, or relative.

The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.

Image Courtesy NSSF

The first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.

There’s no federal law that prohibits a gift of a firearm to a relative or friend who lives in your home state. Many states — including California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State and the District of Columbia — require you to transfer a firearm through a local FFL-holder so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to check the law of your state or ask your local firearms retailer.

Consider a Gift Card Instead of Direct Gift
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store and buying the gun on your own, consider instead purchasing a gift certificate/card from your favorite gun retailer. Then give that gift card as the present. That way the recipient can choose the exact gun he or she wants, and there’s no question about who is “the actual buyer of the firearm”, which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase. The Gift Card option avoids any “straw purchaser” issues. Many reputable vendors offer gift cards, including Brownells and MidwayUSA.

Intra-Family Transfers and Antique Arms
What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in some states, there’s no law that says you can’t, but many states require even intra-family transfers to go through a licensed dealer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides.

Using a gift certificate from a firearms retailer near where the recipient lives might be a good solution. Be safe and check with an in-state FFL dealer before you give any firearm to a friend or family member.

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